This case was last updated from Los Angeles County Superior Courts on 05/28/2021 at 00:20:55 (UTC).

ARMAND TINKERIAN VS JUAN LUIS JIMENES TORIBIO, ET AL.

Case Summary

On 11/27/2019 ARMAND TINKERIAN filed a Contract - Other Contract lawsuit against JUAN LUIS JIMENES TORIBIO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1000

  • Filing Date:

    11/27/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

TINKERIAN ARMAND

Defendants

JIMENES TORIBIO JUAN LUIS

LOCALBITCOINS

WELLS FARGO & COMPANY

SONNTAG SEBASTIAN

Attorney/Law Firm Details

Defendant Attorney

CAPAZZOLA DAMIAN D.

 

Court Documents

Declaration (name extension) - Declaration re attempt to meet and confer

8/20/2020: Declaration (name extension) - Declaration re attempt to meet and confer

Motion for Sanctions - Motion for Sanctions

9/23/2020: Motion for Sanctions - Motion for Sanctions

Declaration (name extension) - Declaration Declaration of Sebastian Sonntag

9/23/2020: Declaration (name extension) - Declaration Declaration of Sebastian Sonntag

Declaration (name extension) - Declaration Declaration of Damian D. Capozzola

9/23/2020: Declaration (name extension) - Declaration Declaration of Damian D. Capozzola

Request for Judicial Notice - Request for Judicial Notice

9/23/2020: Request for Judicial Notice - Request for Judicial Notice

Notice (name extension) - Notice Notice of Hearing on Demurrer

9/23/2020: Notice (name extension) - Notice Notice of Hearing on Demurrer

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

9/23/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Declaration (name extension) - Declaration OF DAMIAN D. CAPOZZOLA IN SUPPORT OF DEFENDANTS LOCALBITCOINS AND SEBASTIAN SONNTAGS EX PARTE APPLICATION FOR AN ORDER CONSOLIDATING HEARINGS

12/11/2020: Declaration (name extension) - Declaration OF DAMIAN D. CAPOZZOLA IN SUPPORT OF DEFENDANTS LOCALBITCOINS AND SEBASTIAN SONNTAGS EX PARTE APPLICATION FOR AN ORDER CONSOLIDATING HEARINGS

Ex Parte Application (name extension) - Ex Parte Application FOR AN ORDER CONSOLIDATING HEARINGS

12/11/2020: Ex Parte Application (name extension) - Ex Parte Application FOR AN ORDER CONSOLIDATING HEARINGS

Notice of Ruling - Notice of Ruling

12/15/2020: Notice of Ruling - Notice of Ruling

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

1/12/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice Re Continuance of Hearings

1/14/2021: Notice (name extension) - Notice Re Continuance of Hearings

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike; Hearing on Mo...)

3/11/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike; Hearing on Mo...)

Notice (name extension) - Notice of punitive damages

4/20/2020: Notice (name extension) - Notice of punitive damages

Notice (name extension) - Notice of punitive damages

4/20/2020: Notice (name extension) - Notice of punitive damages

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

4/21/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Notice (name extension) - Notice of punitive damages

4/21/2020: Notice (name extension) - Notice of punitive damages

Summons - Summons on Complaint

11/27/2019: Summons - Summons on Complaint

26 More Documents Available

 

Docket Entries

  • 05/26/2021
  • DocketOn the Complaint filed by Armand Tinkerian on 11/27/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 05/26/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 05/26/2021
  • DocketCertificate of Mailing for (Non-Jury Trial) of 05/26/2021; Filed by: Clerk

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  • 05/26/2021
  • DocketNon-Jury Trial scheduled for 05/26/2021 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 05/26/2021; Result Type to Held

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  • 05/26/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/30/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/26/2021

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  • 03/11/2021
  • DocketUpdated -- Motion to Quash Service of Summons: Filed By: Sebastian Sonntag (Defendant),LocalBitcoins (Defendant); Result: Granted; Result Date: 03/11/2021

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  • 03/11/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike; Hearing on Mo...)

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  • 03/11/2021
  • DocketCertificate of Mailing for (Hearing on Demurrer - without Motion to Strike; Hearing on Mo...) of 03/11/2021; Filed by: Clerk

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  • 03/11/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 03/11/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 03/11/2021

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  • 03/11/2021
  • DocketHearing on Motion to Quash Service of Summons scheduled for 03/11/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/11/2021; Result Type to Held - Motion Granted

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49 More Docket Entries
  • 04/20/2020
  • DocketNotice of punitive damages; Filed by: Armand Tinkerian (Plaintiff); As to: Wells Fargo & Company (Defendant); LocalBitcoins (Defendant)

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  • 04/20/2020
  • DocketNotice of punitive damages; Filed by: Armand Tinkerian (Plaintiff); As to: Wells Fargo & Company (Defendant)

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  • 12/02/2019
  • DocketNon-Jury Trial scheduled for 05/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/02/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/30/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/02/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 11/27/2019
  • DocketComplaint; Filed by: Armand Tinkerian (Plaintiff); As to: Juan Luis Jimenes Toribio (Defendant); Wells Fargo & Company (Defendant); LocalBitcoins (Defendant)

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  • 11/27/2019
  • DocketCivil Case Cover Sheet; Filed by: Armand Tinkerian (Plaintiff); As to: Juan Luis Jimenes Toribio (Defendant); Wells Fargo & Company (Defendant); LocalBitcoins (Defendant)

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  • 11/27/2019
  • DocketSummons on Complaint; Issued and Filed by: Armand Tinkerian (Plaintiff); As to: Juan Luis Jimenes Toribio (Defendant); Wells Fargo & Company (Defendant); LocalBitcoins (Defendant)

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  • 11/27/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/27/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC11000    Hearing Date: March 11, 2021    Dept: 26

Tinkerian v. Toribio, et al.

QUASH SERVICE OF SUMMONS

(CCP § 418.10)

TENTATIVE RULING:

Specially Appearing Defendants LocalBitcoins and Sebastian Sonntag’s Motion to Quash Service of Summons is GRANTED.

Defendants LocalBitcoins and Sebastian Sonntag’s (1) Motion to Dismiss or Stay on Grounds of Forum Non Conveniens; (2) Motion for Sanctions; and (3) Demurrer to Complaint are PLACED OFF CALENDAR.

ANALYSIS:

Plaintiff in pro per, Armand Tinkerian (“Plaintiff”), filed the instant action for breach contract, conversion, negligence, breach of fiduciary duty and deceit against Defendants Juan Luis Jimenes Toribio; Wells Fargo & Company and LocalBitcoins (“Defendant LBC”) November 26, 2019. On April 21, 2020, Plaintiff added Sebastian Sonntag (“Defendant Sonntag”) to the action by “Doe” amendment.

Specially Appearing Defendants LBC and Sonntag filed the instant Motion to Quash Service of Summons on September 23, 2020. The Motion to Quash was concurrently filed with the (1) Motion to Dismiss or Stay on Grounds of Forum Non Conveniens; (2) Motion for Sanctions; and (3) Demurrer to Complaint. Moving Defendants filed Notices of Non-Opposition as to all the motions on March 4, 2021. To date, no opposition has been filed.

Discussion

Moving Defendants move to quash service of the Summons on the grounds that they are out-of-state residents with insufficient minimum contacts with California for the Court to exercise jurisdiction over them. Even though a motion to quash service of summons is defendant’s motion, the initial burden of proof is on the plaintiff to show that minimum contacts justify the imposition of personal jurisdiction. (Integral Development Corp. v. Weissenbach (2002) 99 Cal.App.4th 576, 584.) Under the minimum contacts test, “an essential criterion in all cases is whether the ‘quality and nature’ of the defendant's activity is such that it is ‘reasonable’ and ‘fair’ to require him to conduct his defense in that State.” (Pavlovich v. Superior Court (2002) 29 Cal.4th 262, 268-269 [citing Kulko v. California Superior Court (1978) 436 U.S. 84, 92].)

Moving Defendants present the following evidence to demonstrate that they lack minimum contacts with California. First, Defendant LBC is a Finnish limited liability company with its registered office and principal place of business in Helsinki, Finland. (Motion, Sonntag Decl., ¶3.) Defendant LBC does not have any offices or subsidiaries in California. (Ibid.) Defendant Sonntag, CEO of Defendant LBC, is a Finnish citizen who resides in Finland. (Id. at ¶¶1-2.) Defendant LBC’s website facilitates Bitcoin sales between private third-parties regardless of location and operates around the world. (Id. at ¶5.) This includes almost every state in the United States, including California. (Ibid.) Moving Defendants disavow engaging in any specific or special concerted efforts toward California, doing business within California, purposefully availing themselves of any benefit from California, taking actions directed at California or its residents, or invoking any protections or benefits of California law. (Id. at ¶¶6-7.)

Based on the instant Motion, which properly challenges the Court’s jurisdiction over Moving Defendants, the burden shifts to Plaintiff to demonstrate that the Court can exercise said jurisdiction. The Motion, however, is unopposed and the Court finds Plaintiff has not demonstrated it can exercise personal jurisdiction over Moving Defendants.

Conclusion

Specially Appearing Defendants LocalBitcoins and Sebastian Sonntag’s Motion to Quash Service of Summons is GRANTED.

Accordingly, the Defendants LocalBitcoins and Sebastian Sonntag’s (1) Motion to Dismiss or Stay on Grounds of Forum Non Conveniens; (2) Motion for Sanctions; and (3) Demurrer to Complaint are PLACED OFF CALENDAR.

Court clerk to give notice.

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